Santos’ Barossa pipeline a legal gamble after court ruling
Santos can start laying the pipeline for its $5.8 billion Barossa gas project in the Timor Sea only in the northernmost area from the Tiwi Islands after a court partially extended an injunction on any work ahead of a trial examining the threat to Indigenous cultural heritage.
The decision in the Federal Court on Wednesday allows Santos to start work on an 86 kilometre stretch of the 262 kilometre route, but if it does, it is still beholden to the outcome of the trial, likely to take place in mid-December.
Justice Natalie Charlesworth cautioned Santos that starting work may be “futile” if Tiwi Island traditional owner Simon Munkara succeeds in proceedings.
Mr Munkara, who is represented by the Environmental Defenders Office, is arguing Santos should not be able to proceed with the pipeline until it revises its environment plan to address risks to underwater cultural heritage, including Crocodile Man songlines, an area sacred to the rainbow serpent Ampiji and possible ancient burial sites.
“To my mind whether Santos should proceed with the works north of the defined point in the face of the present uncertainty is a decision for Santos to make,” Justice Charlesworth said, adding that any work was still subject to laws that could carry criminal sanctions if breached.
The ruling increases the likelihood of a delay in the Barossa project, something that several analysts are already assuming given the legal challenges not only to the laying of the pipeline, but to drilling work that had to be suspended in September last year.
Australian Energy Producers chief executive Samantha McCulloch said: “The economic and energy security of Australia and its valued international partners is being damaged.”
She urged the federal government
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